Tara Costigan’s tragic death and the recent sentencing of Marcus Rappell for her murder were two landmark events in the campaign to overhaul the domestic violence system in the ACT.
The devastating loss of Ms. Costigan just over two years ago, along with the deaths of three others in 2015, jolted the ACT Government into action with the announcement that the domestic violence system would be reviewed, including re-writing of the existing domestic violence laws. It is well known that Ms Costigan had obtained a Domestic Violence Order (DVO) against Mr Rappell the day before her brutal murder.
On 1 May 2017, new legislation will be put to the test as the Family Violence Act 2016 comes into effect.
In seeking to recognise the systemic, widespread and gendered nature of domestic violence, which is experienced largely by women, the Family Violence Act 2016 implements the recommendations of the Australian and New South Wales Law Reform Commissions report, Family Violence – A National Legal Response. It is the also result of three other reports urging that the fragmented and flawed domestic violence laws in the ACT be reviewed.
A key difference under the new legislation is the abandonment of the out-dated term “domestic violence” in favour of a much broader definition of “family violence”. The new language reflects changes in the community’s understanding and recognition of conduct which constitutes “family violence”.
The new language reflects changes in the community’s understanding and recognition of conduct which constitutes family violence.
While still covering traditionally understood forms of violence between family members, such as physical abuse, verbal abuse and threatening conduct, the definition of “family violence” in the Family Violence Act 2016 now covers some of the more insidious forms of violence. For example:
- Sexual violence or abuse
- Emotional or psychological abuse
- Economic abuse (including financial control and coercion)
- Coercion or any other behaviour that seeks to control or dominate a family member
- Behaviour that causes a family member to fear for their safety or wellbeing
The new definition also now reflects more closely the definition of family violence in the Family Law Act, providing parity in different Courts and jurisdictions about how certain conduct is defined and dealt with.
Jacquelyn Curtis is an Associate of DDCS Lawyers.
18 Kendall Lane,
New Acton, Canberra
phone (02) 6212 7600
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www.ddcslawyers.com.au
